32.Parliament VII – Money Bills & Budget Flashcards
What are money bills?
Money bills are bills mentioned in Article 110 and pertain to the imposition, abolition, remission, or regulation of taxes, as well as the regulation of government borrowings.
Which article of the constitution defines money bills?
Money bills are defined in Article 110 of the constitution.
What does a money bill require for appropriation of funds?
Any money to be appropriated out of the Consolidated Fund of India requires a money bill.
Which article deals with the procedure for passing money bills?
The procedure for passing money bills is outlined in Article 109.
Where are money bills introduced?
Money bills are introduced only in the Lok Sabha (the lower house of Parliament).
Who recommends the introduction of a money bill in the Lok Sabha?
The President recommends the introduction of a money bill in the Lok Sabha.
What powers does the Rajya Sabha (the upper house of Parliament) have regarding money bills?
The Rajya Sabha has restricted powers and cannot reject or amend a money bill.
Within how many days does the Rajya Sabha need to return the money bill to the Lok Sabha?
The Rajya Sabha needs to return the money bill within 14 days, either with or without recommendations for amendments.
What happens if the Rajya Sabha does not return the money bill within the prescribed days?
If the Rajya Sabha does not return the money bill within the prescribed days, the bill is deemed to have been passed by it.
Can the Lok Sabha accept or reject the amendments proposed by the Rajya Sabha?
The Lok Sabha may or may not accept the amendments proposed by the Rajya Sabha.
Whose assent is required after a money bill is passed by both houses?
The President’s assent is required after a money bill is passed by both houses.
What actions can the President take after a money bill is passed by both houses?
The President can either give assent to the bill or withhold assent.
Can the President return a money bill for reconsideration?
No, the President cannot return a money bill for reconsideration.
What types of bills are not considered as money bills?
Bills that only pertain to the imposition of fines or pecuniary penalties, or demand payment of license fees or regulation taxes by local authorities, are not considered as money bills.
Are all financial bills considered as money bills?
No, all money bills are considered as financial bills, but not all financial bills are money bills.
Under which article are financial bills mentioned?
Financial bills are mentioned under Article 117(1) of the constitution.
Give an example of a financial bill that contains matters beyond those mentioned in Article 110.
An example is the CAMPA bill of 2015, which included funds as well as the general protection of forests.
Is the certification of the Speaker required for Finance Bill (I)?
No, the certification of the Speaker is not required for Finance Bill (I).
Can the Rajya Sabha amend and reject Finance Bill (I)?
Yes, the Rajya Sabha can amend and reject Finance Bill (I).
Is there a provision for a joint sitting for Finance Bill (I)?
Yes, Finance Bill (I) has a provision for a joint sitting.
Is the President’s recommendation required for the introduction of Finance Bill (I)?
Yes, the President’s recommendation is required for the introduction of Finance Bill (I).
Is there any exception to the President’s recommendation requirement for Finance Bill (I)?
Yes, if the bill is about the reduction or abolition of tax, it can be introduced without the President’s recommendation.
Is Financial Bill (II) considered an ordinary bill or a money bill?
Financial Bill (II) is considered an ordinary bill.
At which stage is the President’s recommendation required for Financial Bill (II)?
The President’s recommendation is required at the stage of consideration of Financial Bill (II).
What is one issue with money bills?
One issue with money bills is the ambiguity surrounding what can be regarded as a money bill and what cannot, leading to controversies.
What was the Aadhaar bill crisis?
The Aadhaar bill crisis refers to the controversy surrounding the classification of the Aadhaar bill as a money bill, despite arguments that it should have been considered a financial bill.
What amendment is required in the Constitution regarding money bills?
An amendment in the Constitution is required to clarify what should not be considered a money bill.
What amendment did the government make through the Finance Act, 2017?
The government made an amendment through the Finance Act, 2017, which changed the function of judicial tribunals.
Who can be made the chairperson of tribunals according to the amendment made in the Finance Act, 2017?
According to the amendment, a High Court Judge or a person qualified to be a High Court Judge can be made the chairperson of tribunals.
What does Article 122 of the Constitution bar courts from doing?
Article 122 bars courts from inquiring into the proceedings of Parliament.
What grounds can the court look into despite procedural irregularities in passing money bills?
The court can look into grounds such as malafide intentions in cases other than procedural irregularities regarding the passing of money bills.
What did the court determine in the Mangalore Ganesh Bedi Works Case (1962)?
In the Mangalore Ganesh Bedi Works Case, the court held that if a money bill is passed as an ordinary bill, it is considered a procedural irregularity.
What act was passed as a money bill in 2017?
The Specified Bank Notes (Cessation of Liabilities) Act 2017, also known as the Demonetization Act, was passed as a money bill.
How did the court determine the nature of the Aadhaar bill in the Puttaswamy case (2018)?
In the Puttaswamy case, the court followed the doctrine of pith and substance to determine that the Aadhaar bill, by its very nature, is a money bill.
